CR 94-210 Cat Control Ordinance
. October 26, 1994 ~ Council Report 94-210
CAT CONTROL ORDINANCE
Proposed Action
The City Council should indicate whether they wish staff to proceed with the adoption of a cat
control ordinance.
If the Council wants to proceed with an ordinance of this type, it would be presented at the
November 15 meeting for first reading.
Overview
At the October 4 City Council meeting, the Council voted to continue the question of considering a
cat control ordinance until November 1. In the interim, staff was requested to solicit public input
and estimate the cost of enforcing such an ordinance. Staff has received little public input on this
issue although some individuals said they would be at the November 1 meeting. The cost of
enforcing such an ordinance is estimated at between $15,000 and $30,000 per year.
. Staff would like the City Council to indicate whether the draft ordinance should be brought before
the Council for first reading at the next meeting.
Primary Issues to Consider
. What steps should be taken to implement a cat control ordinance?
. What are the possible impacts of such an ordinance?
Supportina Information
. Draft of a Cat Control Ordinance
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James/A. Genellie
Ci~Clerk
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. Council Report #94-210
Page 2
Analysis of the Issues:
. What steps should be taken to implement a cat control ordinance?
The attached ordinance is a rough draft based upon the City of Bayport's ordinance. If the City
Council wishes to adopt such an ordinance it needs to be reviewed by the Police Department and
the City Attorney.
. What are the possible impacts of such an ordinance?
This ordinance, if adopted in full, would obviously impose significant new requirements on cat
owners. They would have to make sure that their cats were vaccinated against rabies, had
licenses, wore the license tags, and were under restraint at all times.
This ordinance would also impose significant new requirements on the City. Residents would
have the expectation that if they called the City to complain about a cat in their yard, someone
would come out and capture the cat. The City would have to impound such cats, keep them for
several days, and if not claimed, see that they were humanely destroyed. Unclaimed cats would
. cost the City money since there would be no one to pay the impounding fee or disposal charges.
Licensing cats would be necessary to bring in revenue to offset the City's cost. The City might
have to contract with an animal control firm to handle both cats and dogs.
The estimated cost of such an animal control program would be between $15,000 and $30,000
per year. This would include dog control. The City currently brings in approximately $2,000 per
year in dog licensing fees.
Alternatives:
1. Direct staff to prepare a cat control ordinance for first reading at the next City Council
meeting. This alternative would result in an ordinance being prepared for the November 15
City Council meeting. The ordinance would be reviewed by the City Attorney and the police
department.
2. Postpone or take no action to adopt a cat control ordinance. This would end, for the time
being, any action regarding a cat control ordinance.
3. Approve for first reading the draft ordinance as Ord. #94-746. This would immediately
begin the process of adopting a cat control ordinance. The City Attorney and the police
department could review the ordinance prior to the second reading.
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[DRAfT]
. CAT CONTROL ORDINANCE
Section 1. Definitions. Subdivision 1. The following words, terms
and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly
indicates a different meaning:
Subd. 2 . "Altered" means any female animal that has been spayed
or any male animal that has been neutered.
Subd. 3. "Animal" means a cat, dog or other domesticated animal.
Subd. 4 . "Animal control officer" means that person designated
by the city council to control the keeping of animals within the city.
Subd. 5. "At large" means off the premises of the owner and not
under the physical control (by leash) of the owner, a member of the
owner's irmnediate family or a person designated by the owner.
Subd. 6. "Owner" means any person who owns, harbors or keeps or
has custody of an animal, or the parents or guardians of a person
under 18 years of age who owns, harbors, keeps or has custody of an
animal.
. Section 2. Exemptions. Except where duties are expressly stated,
this chapter does not apply to hospitals, clinics and other premises
operated by licensed veterinarians exclusively for the care and
treatment of animals.
Section 3. Implied consent for entry. Any person who owns, possesses
or harbors an animal within the city limits grants implied consent for
entry upon his/her premises, without express consent, to the animal
control officer or police officers for the purpose of enforcing the
provisions of this chapter.
Section 4. Animals in public places.
( a) No person who owns or has custody or control of any animal
shall cause or allow such animal to roam or be at large in any
public site or open space.
(b) No person who has custody of any animal shall permit the
animal to enter any beach area, park or park building, whether
leashed or otherwise.
(c) No person who owns or has custody or control of any animal
shall cause or permit the animal to be in any public site or
open space without having in his/her possession a device for
the removal of feces and depository for the transmission of
excrement to a proper receptacle located upon property owned
. or possessed by such person. It is unlawful to fail to remove
the feces from a public site or open space.
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e (d) No person in custody of any animal shall allow the animal to
disturb, harass or interfere with other public site or open
space users or their property.
(e) Any unattended domestic animal or pet found roaming or at
large within any public site or open space shall be impounded.
(f) All state laws and city ordinances related to the licensing
and muzzling of animals and pets shall apply to all animals
and pets brought into any public site or open space.
Section 5. Running at large prohibited. No person who owns, keeps or
harbors an animal shall allow the animal to run at large at any time
beyond the limits of land owned by or possessed by the owner, keeper
or harborer or upon the public streets, sidewalks, or other public or
private property within the city.
Section 6. Females in heat. Every female animal in heat shall be
confined in a building or other secure enclosure in such manner that
such female cannot come into contact with another animal, except for
the express purpose of planned breeding, or shall be controlled on a
leash while being exercised, provided it does not create a public
nuisance.
Section 7. Sanitation.
. (a) Any person who owns, keeps or harbors any animal is
responsible to keep his/her property clean of all fecal matter
from the animal. All animal waste shall be removed daily so as
to keep the surrounding area free from obnoxious odors.
(b) It is unlawful for any person who owns, keeps or harbors any
animal to cause or permit the animal to be on any property not
owned or possessed by him/her without having in his/her
immediate posseSSlon a device for the transmission of
excrement to a proper receptacle located upon property owned
or possessed by such person.
(c) It is unlawful for any person who is in control of any
animal, or who causes or permits any animal to be on any
property not owned or possessed by such person, to fail to
remove feces left by such animal to a proper receptacle
located on property owned or possessed by such person.
(d) This section does not apply to the ownership or use of Seeing
Eye dogs or monkeys by disabled and hearing impaired persons,
dogs when used in police activities by the ci ty, or tracking
dogs when used by or with the permission of the city.
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. Section 8. Licensing
(a} No person shall own, keep or harbor any cat or dog of more
than six months of age without securing a license from the
ci ty, which shall keep a record of all licenses issued and
shall issue a durable identification tag for such license.
Upon receipt of an application reciting the name and address
of the owner, the address where the cat or dog will be kept,
and the sex, breed, age, color and markings of the cat or dog
for which a license is sought, and upon payment of the license
fee established by resolution, the city shall issue a license
in the form of a metal identification tag for each dog or cat.
(b) When application is made for an altered cat or dog, proof
that the dog or cat has been altered must be presented at the
time of application for the license.
(c) The term of a license shall be for the calendar year or
balance thereof. Failure to renew the license by February 1 of
each succeeding year will result in a late license penalty fee
in the amount established by resolution being owed to the
city.
(d) Failure to purchase a license within 60 days of establishing
residence in the city, within 60 days of acquiring a cat or
dog or a cat or dog reaching the age of six months during any
calendar year will result in a late license penalty fee being
owed to the city. The city council shall establish a late
e license penalty fee by resolution.
Section 9. Affixing tags.
The owner shall cause an identification tag to be affixed by a
permanent metal fastening to the collar of the dog or cat licensed
under this article in such a manner that the tag may be easily seen by
the officers of the city. The owner shall see that the tag 1S
constantly worn by such dog or cat.
Section 10. Rabies Control
(a} All cats and dogs 1n the city over the age of six months
shall be inoculated for rabies. Rabies inoculation must be
kept current and must be certified by a veterinarian. A
certificate of the veterinarian inoculating such cats and dogs
shall be exhibited to the city each time the license is issued
for the cat or dog.
(b} No cat or dog license shall be issued without the certificate
of inoculation for rabies being presented at the time of
application for the license.
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